CLAIMS, COURT OF. In the United States, a tribunal created by act of Congress, or by the legislatures of the several States, to entertitin and adjudicate claims against the General Go• ernment or against the States so authorizing them. A State, being sovereign, can of course not be sued, or subjected to legal process. It is perfectly obvious that. under ordinary circum stances, the tribunals that are instituted by the sovereign power for the adjudication of contro versies and the punishment of offenses against itself cannot be employed, either by a citizen or by another sovereignty, to enforce claims against such power. Indeed, in the legal sense of the term, there can be no such thing as a 'claim' against a sovereign State. In recent times. how ever, it has become customary fur governments voluntarily to submit alleged claims of a civil nature—such, i.e., as involve a demand for a money compensation —to tribunals of limited powers for eonsideration rued determination. Where the controversies are the tribunal may he a board or commission of arbi tration. Where the claim is that of an indi vidual citizen, the State may either authorize the ordinary tribunals to hear and determine the question at issue, or may create separate tri bunals for that purpose. The latter method is the one that has been generally adopted in the States, tooth by the Federal Government and the several States. The tribunal so created is variously termed a 'court of claims' or a 'hoard of claims.' It must be borne in mind, however. that the State domes not abdicate its sovereign authority to these courts. and that no process lies for enforcing their decrees. The judgments of a court of claims arc in the nature of recommendations only. certifying that the adjudicated claim is, or is not, under the 11111•4 established by the statute, a valid and proper claim. If the judgment is in favor of the claim ant and against the State, the payment thereof Is, like the payment of an award nude in an international arbitration, a voluntary act. Under the American system. such payment calls for an appropriation by Congress or the Legisla ture of the State affected by the deeision.
The Court of of the United States (which has served as a model for those of the several States) was created by act of Congress.
February 24, 1S55, and consisted originally of three judges appointed by the President and Senate, to hold office during good behavior. and to have jurisdiction to hear and determine all claims founded on any act of Congress. or on any regulation of any executive department, or on any contract. express or implied. with the Government of the United States; and all claims tvinich might be referred to it by either House of Congress. The Government was to be repre sented before it by a solicitor and assistant solicitor appointed by the President; and the of all members of the court was fixed by law. By the act of March :3, 1863, two additional judges were to be appointed by the President, and a Chief Justice from the whole number of judges (five). By this act the court was also authorized to take jurisdiction of all set - offs, counter - claims for damages, liquidated or unliquidated, or other demands whatsoever on the part of the Government against any person making claim against the Government in said court. If the judgment of the court be in favor of the Government. it shall be filed in the office of the clerk of the proper district or circuit court of the United States. and shall ipso Rio() become and be a judgment of such district or circuit court, and shall be enforced the same as other judgments. If the judgtnent be in favor of the claimant, it is pro vided that the sum thereby found due to the claimant shall be paid out of any general ap propriation made by law for the payment of private claims. on presentation to the Secretary of the Treasury of a duly certified copy of such judgment. in eases where the amount in con troversy exceeds an appeal may be taken to the Supreme Court of the United States at any time within ninety days after judgment. Where the judgment or decree may affect a constitutional question. or furnish a precedent affecting a class of cases, the United States may take an appeal without regard to the amount in controversy. Claims must he tiled within six years after the claim accrues, except in cases of disability. The court is required to bold one session annually. commencing on the first :Mon day in Oetober.